New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-20
place worship, Fifty Eighthave, where
he kev. Dr.. Pullman formerly preached.
rs THE ARCADE RAILWAY DBADi
THE ATTORNEY-GENERALs OPINION IN
FULL

rs THE ARCADE RAILWAY DEADf
THE ATTORNEY-GENERATs OPINION IN
FULL
HE SAYS THE CHARTER HAS LAPsED-ADRoIT
MANAGEMENT TO KEEP THE OPINION FROM
THE KNOWLEDGE OF THE PROPERTY
OWNERS AND OTHERS DIRECTLY
INTERESTED.
The extreme adroitness which the Arcade Railway
Company has shown in keeping In the dark Attorney
General O'Brien's opinion that the company went
out Of existence IN 1878 was n subject OF strong
comment Yesterday among Broadway property owners
who have felt called upon to make legal tight
against that corporations pretensions. The pubilca-
ton in THE TRIBUNE Of the conclusions OF the Ator-
ney General made year ago gave the first intlma-
ton of tine existence Of the document even to some
Of the lawyers most interested in the case Governor
Hill dismissed the opinion tho ground that the En-
ccutivc not called on to pass Oh the constitution
atty of the bin, which tho courts could determine.
The claim Of the Arcade people that the bill passed
despite the opinion amounts to nothing because the
Legislature, at the Attorney Generals request as
matter OF official courtesy, knew nothing Of it. And
| If, as the Attorney General contends the Arcade
Company ceased to exist in 1878, all railroad lawyers
concur that the legislative act Of 1886 could only have
created corporation, at the best subject TO law
| which would prevent the rehabilitation Of the com
pany This Is the ground taken by cX-Justce Noah
| Davis in the suit now begun against the Arcade 10
enjoin 1t perpetually. The publication of the fact
that the Attorney General at the request OF two we'll
| known Broadway property-Owners and after fun
and exhaustive consideration Of the matter came TO
| the conclusion that the Arcade Company died in 1873
has caused so much surprise and comment that The
TRIBUNE now publishes it in full. The Arcade
Railroad Company is the successor and expansion OF
| the Beach Pneumatic Transit Company.
| THE ATTORNEY GENERALS OPINION.
In the matter of the Broadway Underground Railroad
have been by On 70
under section l7sS Of the code OF civil procedure subdvs
~ chapter sl2 Of the law. 1868 Alfred E Beach and
others we're authorized to form corporation under the
and maintaining pneunate tubes under the street, Of
ues persons organized themselves corporion in pnrsu
said act under the name Of the Beach Pneumatic
BY chapter s5 of 1873 the Beach Pneumatic
n. Streets q New York CITY for the transportation Of
S to s :Sp: aS .S work ST the
Tho FOR % s said S to Fa S ao
picts CERTAIN section Of within years after
. af a s ss ADM
all the powers and p,.se; and be On 'nGsSt
Soad corporations ~ the law Of nj, state not Inconsistent
Of tbs company or tho purposes Of its neOr.
sY.d @ q dsysr he
for III. payment sioo 900 to the sd Mayor Aldermen and
10 and ready oi within three years after the
os tie ar. day January 1875 Con-
H c TSa!1 rst to- ra
road track. vent into enecf 100, ,.n,, q, avian, IN.
he cc@gleop q It's work BY said o9mrany and pro-
ed for the OF the BOND 81 the sa fompanS or 10 s
psymen, Of Que Sunfed thousand dollars the SAID Mayor
road be completed and ready for within five
pso es tH d9Rs a. only
failed TO complete the rs section o. It's ROAD within ne .ms
S" hs Sy a ie ea IT,
of the of IFS
i've ysafs thereaie and finish its road and
Has rot failure psO taeo worked forfeiture Of the
corporate S The s eGPasy the broadway In
dersround Railroad at present possesses TO bnd An under
s sIG%p borne in mind that granting
his corP94on privleaes Of rsiToa eorpoTaion
imposed upon the duties ana i.eis to which raToa
are with the charter OF the company or the
nrpocs OF IL amended were to
and saS T Ss v C Of New Thev are esen
n TO The Of Si 1s a organized under
there are any Obligation, imposed by law upon
Broadway Tndersround Railroad cempa.y they must be
O ons Of the duties and Obligations Imposed by
railroad laws Of tbs state upon railroad corporation; G s,i
ten per cent Of their saP a %n nn vs a
within years their corporate er'''eneo and powers shan
Section AZ Of the general OF 1850 chapter lao
vs G v s9y s M sTSes Of aocaton are He'd and
recorded OF the secretary OF state begin The con
un1nt Of il capitai or shall not finish put
operation from the time OF hng It's articles OF
as Aforesaid ITS corporate existence and powers
has been held tho omission to begin the construction
md ten cent Of he capital within ys years as
The statue the Court OF Appeals Is not susceptible
S 81 ANY S5G's ten 1f9s Of
years precisely as good and a VANS % s 81
In lie matter OF The Brooklyn Newtown and Winfield
a, 70 a lS,o%,s t. is y 4,
chatter does not fso JccO lose Its corporate character
an. n fofeitnrc declared BY Judgment
instituted for that purpose by the Atoihey'"eh'
But eTsnzca under the General Railroad Act
does simply The hazsrd o. being deprived Of Us eoTpo
rate charter and ianenses ~ wa nTe ye o br from ' 5
cent Of ts capital spent ., G1 Ss Do, com
bit ne eoSree s1ss 1 s s,Gre t s sSs %
Under this construction Of The satute failure 10 comply In
the General RAILROAD Law j. held be Limitation
Unless therefore OF the Broadway Under
& + SuRd rs% The S S
cnnpg he eonstrucIon OF lis road within years
Tie ye 1878 and Of eIpendng thereon ten pei cent OF Its
Matter OF tho brooklyn and wineheld Railway Company.
Matter Of Tie Brooklyn and Winfield Railway Company.
brooklyn transit Company City OF Brooklyn. 10 ",
Seven years elapsed after passed dnr
ing Which broadway Underground Railroad Company had
1881 attempted Tor begin
ming OF the construction OF It's road
Bit the attempted recognition by the Legislature OF the
5as pa q s
ale and franchises Of tho corporation provided before
that date the powers OF the company had aped
Tor though competent for the Legislature since the
con amendment OF 1874 in various
OF forfeiture existing against corporation such as
tins a. nsrerthetess at the time Of the pdsfdpe by NE Lsgsia
ure Of he dttemDffnG 10 Udire The
Of the forfeiture ne corporation nod ceastd %
erist as Juily judgment Of forfeiture
had been pron6unced against It. he attempting wgice
Me forfeiture not pdfrer Of forfeiture at d but ne
creation Of new corporation tnosr g,se reuyino and
r,hnblitotfnQ d,fc corporate BODY and Dtn
stifuonal prousion that ne Legisnture fh0U pass
prUon bd granting 10 corporation ossoetdton
or ind rfduat the ri0ht 10 la dOUn railroad trdeks
IN the matter Of brooklyn. Newtown and Winfield Rail
road Company. 10 ~ Y. 3@9. supra.
On April TO- 1873 nue peaTs afer the Pdssdge ~ me act Of
1874 II the portion taken be true e BrOddodv Under.
around Halfway Com had ceased 10 exist by
us IGure date tepn me construction 10 rOod